TERMS AND CONDITIONS

These are the terms and conditions (the “Terms”) of The Boerke Company, Inc. (“Boerke”, “we”, “our” or “us”) and our affiliated organizations, including Cushman & Wakefield, Inc. and its alliance offices.  Please read these Terms carefully, they set out the basis on which you are allowed to use this web site (the “Site”), and the information contained within them (the “Content”). They are to protect you as a user of the Site (“User”) and to prevent the Site from being used for any illegal or offensive purposes.

The Site is offered to you conditionally on your agreement to these Terms and your continued use of the Site signifies your acceptance of them. If you are using this Site in the course of your employment or on behalf of an organization, you agree that you are an authorized representative of your organization and that you have authority to bind your organization to these Terms. The Authorized Use Policy set out below and available on the Site applies to anyone using the Site and you are responsible for ensuring that employees or agents of your organization are made aware of and comply with this.

GENERAL USE OF THE SITE

You must not post any Content on the Site or use the Site in any way that is or may be considered to be:

-in breach of any obligations or duties of confidentiality;

-capable of infringing any other person or other entity’s intellectual property rights (including but

not limited to copyright, trademarks, design rights or database rights);
-in breach of any applicable law, whether criminal or otherwise; or offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.

In addition, you must not use the Site Forum to:

-abuse, harass, stalk or threaten others;
-advertise or offer to sell any goods or services (other than in accordance with these Terms), or conduct or forward surveys, contests or chain letters;
-upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;
-upload files which contain an active hypertext link to another web site; or
-download any file posted by us or another User that you know or reasonably should know, cannot be legally distributed in such manner.
You must not frame or link to the Site or any part of it or the Forum without our express permission.  We shall be entitled at any time to delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability.  We may block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms, that we or any User has incurred or may incur any liability in connection with the Site, or if your use or Content is otherwise inappropriate.  Unless otherwise indicated on the Site, you may download to a local hard disk and print extracts from the Site solely for personal, non-commercial use and you may also recopy downloaded extracts to others for their personal, non-commercial use.  Unless otherwise indicated on the Site, you must not reproduce part or all of the Content in any form unless it is for personal, non-commercial use in accordance with above.  Unless otherwise indicated on the Site, you must not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the Content in any form (whether hard copy, electronic or other format).

INTELLECTUAL PROPERTY

If you upload Content to the Site or Forum, you grant The Boerke Company, Inc. a license to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that Content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own the intellectual property rights in such Content and have the right to grant this license. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such Content by us infringes the intellectual property rights of a third party.

All intellectual property rights and goodwill in or relating to The Boerke Company, Inc. including the name, logo and any associated rights, belong to The Boerke Company, Inc., whether on a global or regional level. Subject to above, all intellectual property rights and goodwill in or relating to the Content belongs to The Boerke Company, Inc. or our partners or licensors.  Except as expressly specified above or as clearly stated on the Site, nothing in these Terms may be construed as granting any license or right to use any intellectual property of The Boerke Company, Inc., our partners or licensors without our express written permission.

DATA PROTECTION

Our use of personal data is governed by our privacy policy which forms part of these Terms and is available at the end of these Terms and from the foot of this page.

LIMITATION OF LIABILITY AND DISCLAIMERS

Nothing in these Terms operates so as to exclude, limit or restrict The Boerke Company, Inc.’s liability for death or personal injury or our liability for fraud or fraudulent misrepresentation.
The Boerke Company, Inc. is not responsible for any Content posted by our partners or by Users. We do not warrant the accuracy of this or any other Content in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it. Any recommendation or other information on any area of the Site or Forum is used by you at your own risk.  Any link on the Site is provided solely for your information and convenience. A link does not represent any endorsement or recommendation by The Boerke Company, Inc. and does not mean that we have any association with the linked web site. We are not responsible for the content of any linked web site.  The Boerke Company, Inc. will not be liable to you or any third party for any claim to the extent that the same is characterized as a claim for, or arising from:

-loss of profits or anticipated savings;
-loss of goodwill or injury to reputation;
-loss of business opportunity;
-loss of data;
-loss as suffered by third parties;
-indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether The Boerke Company, Inc. knew or had reason to know of the possibility of the loss, injury or damage in question. The Boerke Company, Inc. is not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).

The Boerke Company, Inc. is not liable for any loss, damage or other liability whatsoever arising from any Content, activity, terms or policies on or in connection with the Site or Forum or from any separate agreement which you may enter into with another User.
Without affecting the rest of these Terms, the total liability of The Boerke Company, Inc. to you under these Terms (whether arising in negligence or otherwise) will not exceed the sum paid by you for services received through the Site.
The Boerke Company, Inc. excludes all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you, your employees or agents from any use of the Site or from any of your Content.

GENERAL

If any term of these Terms is held to be invalid or unenforceable by judicial decision, the rest of the Terms shall remain valid and enforceable.  The Boerke Company, Inc. reserves the right to change these Terms from time to time. If we change these Terms, we shall notify you of this fact on the home page of the Site and shall post the new version on the Site stating when such revised version comes into effect. You will be taken to have agreed to such revised version if you continue using the Site after expiry of any notice period. You should check the Terms periodically to ensure that you are aware of and are complying with the current version.  These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

PRIVACY STATEMENT

This website is operated by The Boerke Company, Inc..  We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put a policy in place to protect your personal information. Please read on for more details about our privacy practices.

What information do we collect? How do we use it?

At times we may request that you voluntarily supply us with personal information. Generally this information is requested when you register for an online service, when you provide information in connection with an online transaction or when you contact us in relation to the site or our services. We may gather information about you:

• When you register with us we ask for information such as your name, email address, and contact details. We keep a record of this information. This is necessary for us to recognize you as a registered site user. We may keep a record of your preferences so that we can tailor our offers and services to you.
• When you enter a competition, register for a client event or other promotional event, we may ask for your name, address, telephone number and email address so we can administer the event.
• If you choose to give us personal information via the site that we or our business partners may need to correspond with you for example, we will let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes.
• We will use your personal details and information we obtain from other sources to provide you with information about our services, for administration and customer services, for marketing, to analyze your purchasing preferences and to ensure that the content, services and advertising that we offer are tailored to your needs and interests. We may keep your information for a reasonable period for these purposes. We may need to share your information with our service providers and agents for these purposes. We may disclose personal data in order to comply with a legal or regulatory obligation.
• We intend to continue improving the content and function of our website. For this reason, we may monitor customer traffic patterns and site usage to help us improve the design and layout of our site and provide content of interest to you.

Disclaimer

We link to a wide variety of other sites. We are not responsible for the content or privacy policies of these sites and third party advertisers, nor for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these sites or advertisers nor are we authorized to make representations on their behalf.

Passwords

In order to bring you more personalized services, we may ask you to establish one or more passwords to gain access to certain services or sections in either our website or the website(s) of other suppliers whose products or services are available to you via a link from our website. As such, we may share the password information you provide us with those other authorized suppliers. You are solely responsible for the control and use of each password you create.

When and how to contact us

If your personal details change, if you change your mind about any of your marketing preferences or if you have any queries about how we use your information, please let us know by contacting us at (414) 347-1000.